What is the test for "without effect" when a state law conflicts with federal law?
California, United States of America
The following excerpt is from Smiley v. Citibank, 11 Cal.4th 138, 44 Cal.Rptr.2d 441, 900 P.2d 690 (Cal. 1995):
Since the decision in McCulloch v. Maryland (1819) 17 U.S. (4 Wheat.) 316, 427, 4 L.Ed. 579, "it has been settled that state law that conflicts with federal law is 'without effect.' " (Cipollone v. Liggett Group, Inc.
Page 447
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a federal and state prosecutor be found guilty of misconduct in a federal or federal criminal case? (California, United States of America)
Does the pendency of a federal action brought by a state against a federal defendant have any bearing in determining whether the federal action is pending? (California, United States of America)
Can a state penalize a lawyer who represents a client before a federal agency for the unauthorized practice of law, when the representation is authorized by federal law? (California, United States of America)
What is the scope of the federal and state constitutions regarding a right to effective assistance of counsel? (California, United States of America)
How has the federal electoral college system been interpreted in federal and state law? (California, United States of America)
What is the effect of new substantive rules on state collateral review in federal habeas proceedings? (California, United States of America)
What is the current state or federal or state law on warrantless vehicle searches for identification? (California, United States of America)
Is a new federal constitutional rule for the conduct of criminal prosecutions, like that of the Payne case, to apply retroactively to all cases, state or federal? (California, United States of America)
What is the retroactivity of new federal habeas corpus rules in federal federal courts? (California, United States of America)
Does a defendant have a conflict of interest in presenting a conflicting mental state defense? (California, United States of America)
